EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

05.16.07

Speculation: Did Microsoft Try to Get Sun to Sue Linux? (Updated)

Posted in GNU/Linux, Google, Microsoft, Minix, SUN, UNIX at 12:29 am by Dr. Roy Schestowitz

We already know (or should know by now) that Microsoft funded SCO’s lawsuits against Linux users, at least in part. We also know that Microsoft tried to get the inventor and creator of Minix to sue Linus/Linux, essentially by persuading a writer to insert something into a book. Here is the gist of the story:

Andrew S Tanenbaum: A couple of years ago this guy called Ken Brown wrote a book saying that Linus stole Linux from me, from Minix, and therefore the intellectual property rights are unclear and therefore companies shouldn’t use Linux because I might sue them.

It later came out that Microsoft had paid him to do this — and I defended Linus. I wrote on my Web site saying that this guy Brown came through, visited me and I gave him the [correct] story.

This one story has a happy ending (except for Microsoft, which was caught red-handed).

Today, Pamela Jones (of Groklaw) has a little insight. Based on Jonathan Schwarz’s blog, she suspects that Microsoft may have tried to encourage Sun to sue Linux (the infamous ‘proxy manoeuvre’). Here is what Jonathan says…

Years back, Sun was under pressure in the market.

[...]

With business down and customers leaving, we had more than a few choices at our disposal. We were invited by one company to sue the beneficiaries of open source. We declined. We could join another and sue our customers. That seemed suicidal.

Notice that here you have the same dilemma that Microsoft (maybe even Novell) is now facing. Can they scrutinise their own customers? In any event, here is Pamela’s take, which relates to what got this impulsive post started.

PJ: This is interesting in its own right, but my paralegal hat on, I am also highlighting it for anyone thinking about an antitrust lawsuit someday. I’m wondering if Microsoft tried to get Sun to sue Linux end users. I don’t know if that is what he is alluding to here, but if I were in discovery, I’d surely investigate that possibility, as it could help show a pattern of using, or trying to use, surrogates to misuse litigation as an anticompetitive weapon.

Might Microsoft be pulling the same tricks in its fight against Google? It sure looks like it.

After a government- and monopoly-inspired period in which Microsoft had to pretend to be a gentle force for global good, the company is being forced to return to its ruthless roots. Ironically, it is doing this in part by decrying the unfair practices of a competitor and shamelessly sucking up to the Establishment.

As you may recall, Microsoft urged companies to sue Google over its YouTube content. Later on, Microsoft closed its YouTube equivalent (Soapbox) to subscribers because it had encountered and suffered from the same issues that earlier it decried. Need we even mention Microsoft’s attempt to shoot down the DoubleClick acquisition? Need we repeat Microsoft’s argument that Google is a monopoly? Where does hypocrisy begin and where does it end?

Update: The Register concurs and reaches similar speculations. It does not go quite so far however.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

7 Comments

  1. jbelkin said,

    May 16, 2007 at 1:47 pm

    Gravatar

    MS should be subpeonaed over the SCO issue also … and I’m sure MS has been in the last few years copying code fromtheir own apps and inserting into Linux so they can sue.

  2. shyboy said,

    May 16, 2007 at 2:10 pm

    Gravatar

    it’s a sad news to open source, but microsoft can’t Destroy Linux Community

  3. tom said,

    May 16, 2007 at 2:16 pm

    Gravatar

    Microsoft is still under scrutiny for the original ant-trust lawsuit: Complaints to:
    http://www.microsoft-antitrust.gov/

  4. Joe Polk said,

    May 16, 2007 at 2:43 pm

    Gravatar

    I’ve said time and again. Microsoft is inherently evil. Like kicking puppies!

  5. gpl1 said,

    May 16, 2007 at 5:23 pm

    Gravatar

    current antitrust remedies have not proven effective against the giant. Here’s to hoping that the EC and Neelie Kroes can do something more to return competition to marketplace since DoJ attorneys can’t even investigate anything for fear of getting fired by the executive branch/bush…

  6. Motorcycle Guy said,

    May 16, 2007 at 5:41 pm

    Gravatar

    truthfully I’m more scared of google than I ever was of microsoft. to me a wolf in sheeps clothing is worse than a wolf that looks like a wolf walks like a wolf and is a wolf.

  7. Allan said,

    May 16, 2007 at 7:13 pm

    Gravatar

    > truthfully I’m more scared of google than I ever
    > was of microsoft.

    You are not thinking rationally. You are putting more weight on Google’s potential evil than Microsoft’s demonstrated evil.

    That’s like renting a room next to your daughter’s to a creepy-looking man with no record rather than the clean-shaven fellow who happens to be on Meagan’s list.

What Else is New


  1. USPTO and EPO Both Slammed for Abandoning Patent Quality and Violating the Law/Caselaw in Order to Grant Illegitimate Patents on Life/Nature and Mathematics

    Mr. Iancu, the ‘American Battistelli’ (appointed owing to nepotism), mirrors the ‘Battistelli operandi’, which boils down to treating judges like they’re stooges and justices like an ignorable nuisance — all this in the name of litigation profits, which necessitate constant wars over illegitimate patents (it is expensive to prove their illegitimacy)



  2. IRC Proceedings: January 27th, 2019 – March 24th, 2019

    Many IRC logs



  3. IRC Proceedings: December 2nd, 2018 – January 26th, 2019

    Many IRC logs



  4. Links 21/4/2019: SuperTuxKart's 1.0 Release, Sam Hartman Is Debian’s Newest Project Leader (DPL)

    Links for the day



  5. The EPO's Use of Phrases Like “High-Quality Patent Services” Means They Know High-Quality European Patents Are 'Bygones'

    The EPO does a really poor job hiding the fact that its last remaining objective is to grant as many European Patents as possible (and as fast as possible), conveniently conflating quality with pace



  6. A Reader's Suggestion: Directions for Techrights

    Guest post by figosdev



  7. Links 20/4/2019: Weblate 3.6 and Pop!_OS 19.04

    Links for the day



  8. The Likes of Chartered Institute of Patent Attorneys (CIPA), Team Campinos and Team UPC Don't Represent Europe But Hurt Europe

    The abject disinterest in patent quality and patent validity (as judged by courts) threatens Europe but not to the detriment of those who are in the 'business' of suing and printing lots of worthless patents



  9. The Linux Foundation Needs to Change Course Before GNU/Linux (as a Free Operating System) is Dead

    The issues associated with the Linux Foundation are not entirely new; but Linux now incorporates so many restrictions and contains so many binary blobs that one begins to wonder what "Linux" even means



  10. Largest Patent Offices Try to Leave Courts in a State of Disarray to Enable the Granting of Fake Patents in the US and Europe

    Like a monarchy that effectively runs all branches of government the management of the EPO is trying to work around the judiciary; the same is increasingly happening (or at least attempted) in the United States



  11. Links 19/4/2019: PyPy 7.1.1, LabPlot 2.6, Kipi Plugins 5.9.1 Released

    Links for the day



  12. Links 18/4/2019: Ubuntu and Derivatives Have Releases, digiKam 6.1.0, OpenSSH 8.0 and LibreOffice 6.2.3

    Links for the day



  13. Freedom is Not a Business and Those Who Make 'Business' by Giving it Away Deserve Naming

    Free software is being parceled and sold to private monopolisers; those who facilitate the process enrich themselves and pose a growing threat to freedom in general — a subject we intend to tackle in the near future



  14. Concluding the Linux Foundation (LF) “Putting the CON in Conference!” (Part 3)

    Conferences constructed or put together based on payments rather than merit pose a risk to the freedom of free software; we conclude our series about events set up by the largest of culprits, which profits from this erosion of freedom



  15. “Mention the War” (of Microsoft Against GNU/Linux)

    The GNU/Linux desktop (or laptops) seems to be languishing or deteriorating, making way for proprietary takeover in the form of Vista 10 and Chrome OS and “web apps” (surveillance); nobody seems too bothered — certainly not the Linux Foundation — by the fact that GNU/Linux itself is being relegated or demoted to a mere “app” on these surveillance platforms (WSL, Croûton and so on)



  16. The European Patent Office Does Not Care About the Law, Today's Management Constantly Attempts to Bypass the Law

    Many EPs (European Patents) are actually "IPs" (invalid patents); the EPO doesn't seem to care and it is again paying for corrupt scholars to toe the party line



  17. The US Supreme Court (SCOTUS) Once Again Pours Cold Water on Patent Maximalists

    Any hopes of a rebound or turnaround have just been shattered because a bizarre attack on the appeal process (misusing tribal immunity) fell on deaf ears and software patents definitely don't interest the highest court, which already deemed them invalid half a decade ago



  18. Links 17/4/2019: Qt 5.12.3 Released, Ola Bini Arrested (Political Stunts)

    Links for the day



  19. Links 16/4/2019: CentOS Turns 15, Qt Creator 4.9.0 Released

    Links for the day



  20. GNU/Linux is Being Eaten Alive by Large Corporations With Their Agenda

    A sort of corporate takeover, or moneyed interests at the expense of our freedom, can be seen as a 'soft coup' whose eventual outcome would involve all or most servers in 'the cloud' (surveillance with patent tax as part of the rental fees) and almost no laptops/desktops which aren't remotely controlled (and limit what's run on them, using something like UEFI 'secure boot')



  21. Reader's Claim That Rules Similar to the Code of Conduct (CoC) Were 'Imposed' on LibrePlanet and the FSF

    Restrictions on speech are said to have been spread and reached some of the most liberal circles, according to a credible veteran who opposes illiberal censorship



  22. Corporate Media Will Never Cover the EPO's Violations of the Law With Respect to Patent Scope

    The greed-driven gold rush for patents has resulted in a large pool of European Patents that have no legitimacy and are nowadays associated with low legal certainty; the media isn't interested in covering such a monumental disaster that poses a threat to the whole of Europe



  23. A Linux Foundation Run by People Who Reject Linux is Like a Children's Charity Whose Management Dislikes Children

    We remain concerned about the lack of commitment that the Linux Foundation has for Linux; much of the Linux Foundation's Board, for example, comes from hostile companies



  24. Links 15/4/2019: Linux 5.1 RC5 and SolydXK Reviewed

    Links for the day



  25. Links 14/4/2019: Blender 2.80 Release Plan and Ducktype 1.0

    Links for the day



  26. 'Poor' (Multi-Millionaire) Novell CEO, Who Colluded With Steve Ballmer Against GNU/Linux, is Trying to Censor Techrights

    Novell’s last CEO, a former IBMer who just like IBM decided to leverage software patents against the competition (threatening loads of companies using "platoons of patent lawyers"), has decided that siccing lawyers at us would be a good idea



  27. Guest Post: The Linux Foundation (LF) is “Putting the CON in Conference!” (Part 2)

    Calls for papers (CfP) and who gets to assess what's presented or what's not presented is a lesser-explored aspect, especially in this age when large corporate sponsors get to indirectly run entire 'community' events



  28. Patent Maximalists Are Enabling Injustices and Frauds

    It's time to come to grips with the simple fact that extreme patent lenience causes society to suffer and is mostly beneficial to bad actors; for the patent profession to maintain a level of credibility and legitimacy it must reject the deplorable, condemnable zealots



  29. Further Decreasing Focus on Software Patents in the United States as They Barely Exist in Valid Form Anymore

    No headway made after almost 4 months of Iancu-led stunts; software patents remain largely dead and buried, so we’re moving on to other topics



  30. Links 13/4/2019: Wine 4.6 and Emacs 26.2 Released

    Links for the day


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts